Vigil v. Sandoval

Johnny R. Sandoval (defendant) lived with and cared for his grandmother, Maria E. Sandoval. In gratitude for Johnny’s care, Maria executed a warranty deed conveying her home to Johnny that contained the following language: “Conditions: This instrument shall become effective only upon the death of Grantor only. If grantor survives grantee this instrument will be void.” A notary, David Ortega, prepared the deed. Maria told Ortega to make the deed effective only upon her death because she wanted Johnny to have the property but she also wanted security for herself. Maria gave the deed to Johnny’s parents to record because Johnny was still a minor at the time. Johnny’s father recorded the deed. Johnny paid the taxes and made the repairs on the home. Maria told one of Johnny’s cousins, Gloria Ann Vigil, that she had given Johnny the house, and Johnny should be consulted for any repairs or improvements. Following Maria’s death in 1981, Dora C. Vigil (plaintiff) was personal representative of Maria’s estate. Dora, as personal representative and individually, and Flora S. Leyba (plaintiff) filed a petition to cancel and rescind the deed. Dora and Leyba argued that the deed was an invalid testamentary instrument that did not comply with statutory requirements for wills, and even if the deed was a nontestamentary transfer, no delivery of the deed had occurred. The trial court held that the deed was valid and conveyed a present interest in the property and that delivery had occurred. Dora and Leyba appealed.